Explanation
Background:
On January 12, 2004 the City Attorney commenced litigation on behalf of the City of Columbus and Short North Special Improvement District ("Plaintiffs") against the architect and engineer who designed the fiber optic lighting system for the Short North Arches project and the manufacturer who supplied the lighting system ("Defendants"). The case was instituted in the Franklin County Court of Common Pleas alleging negligence and breach of contract against the Defendants for the malfunctioning lighting system.
The matter proceed through discovery and was set for trial on January 23, 2006. The parties engaged in mediation discussions and a settlement was reached wherein Defendants agreed to collectively pay the Plaintiffs a total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents) in exchange for mutual releases and dismissal of the case.
This ordinance authorizes the City Attorney to compromise and settle this case in the amount of $1,235,000.00 and to execute any necessary documents to effectuate the settlement. It further authorizes the City Auditor to deposit the funds into the General Improvement Fund for remeditation of the Arches and associated expenses. This ordinance further appropriates the funds for that purpose.
Fiscal Impact: The total recovery for the City will be $1,235,000.00 and funds will be deposited with Auditor as authorized and appropriated herein.
Emergency action is requested for the immediate authorization to compromise and settle this matter so that Short North Arch-related work may proceed without delay.
Title
To authorize the City Attorney to compromise and settle on behalf of the City of Columbus and Short North Special Improvement District ("Plaintiffs") litigation captioned City of Columbus, et al. v. E.G. & G., et al., Case No. 04CVA-01-282, pending in the Franklin County Court of Common Pleas, in the total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents); to execute any necessary agreements and court documents associated with the settlement and final resolution of the litigation; to authorize the City Auditor to deposit the settlement funds into Fund No. 748, the General Permanent Improvement Fund; to appropriate such funds for the purpose of remediating the Short North Arches project and for attendant expenses; to authorize such expeditures. ; and to declare an emergency.
Body
WHEREAS, the City Attorney seeks authorization to compromise and settle on behalf of Plaintiffs all claims asserted in the case captioned City of Columbus, et al. v. E.G. & G., et al., Case No. 04CVA-01-282, pending in the Franklin County Court of Common Pleas, in the total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents; and
WHEREAS, the City Attorney seeks authorization to execute any necessary agreements and court documents associated with the settlement and final resolution of the litigation; and
WHEREAS, the City Auditor seeks authorization to deposit the settlement funds into Fund No. 748, the General Permanent Improvement Fund, upon receipt, and any necessary accounting codes are to be determined by the City Auditor;
WHEREAS, the funds are hereby appropriated and authorized for the purpose of remediating the Short North Arches project and and for attendant expenses;
WHEREAS, an emergency exists in the usual daily operation of the City Attorney's Office in it is immediately necessary to authorize the settlement of pending litigation and acceptance of payment so that Short North Arch-related work may proceed without delay, thereby preserving the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney be and hereby is authorized to compromise and settle all the claims of Plaintiffs asserted in the case captioned City of Columbus, et al. v. E.G. & G., et al., Case No. 04CVA-01-282, pending in the Franklin County Court of Common Pleas, in the total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents).
SECTION 2. That the City Attorney be and hereby is authorized to execute any necessary agreements and court documents associated with the settlement and final resolution of the litigation on behalf of Plaintiffs.
SECTION 3. That the City Auditor be and hereby is authorized to deposit the settlement funds into Fund No. 748, the General Permanent Improvement Fund, upon receipt, and to determine any necessary accounting codes.
SECTION 4. That for the purpose of paying for the remediation of the Short North Arches project and attendant expenses, such expeditures in the amount of $1,235,000.00, or so much thereof as may be necessary, be and hereby are appropriated and authorized to be expended from Fund No. 748, the General Permanent Improvement Fund.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part of hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.